P. v. Howse
Defendant Richard Howse pled no contest to possession of methamphetamine and admitted a strike prior (1989 first degree burglary). Another strike prior was dismissed in the interests of justice. The prosecutor noted that an alleged third strike prior might not qualify as a strike prior. The parties agreed that defendant could file a motion pursuant to People v. Superior Court (Romero)(1996) 13 Cal.4th 497 and that defendant was not eligible for Proposition 36 probation. After denying defendants Romero motion, the court sentenced defendant to state prison for 32 months, that is, the low term of 16 months, doubled for the strike prior.
Defendant appeals. The court denied defendants request for a certificate of probable cause. He contends the trial court abused its discretion in denying his Romero motion and that his sentence amounts to cruel and unusual punishment under the federal and state Constitutions. Court affirm.
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